Athletic Competitions During AOS

[Aknapik 0]

Hey All,

 

I had a question for clarification that I have been unable to find a definite answer to. My Wife is an athlete. We just got married on her K1 visa and have submitted for AOS. We also submitted the EAD request concurrently.

 

We wanted to know that if she participates in a running race that offers a cash prize if she’s allowed to accept it during the process. From our own research we feel it would be okay because foreigners are allowed to win prize money in such races as long as the tax on the prize is paid (if it helps she already has an SSN)

 

We just want to be sure this doesn’t jeopardize the AOS process. Does anyone see potential problems with this?

 

Best,

 

Andrew

[StuTor 51]

Not legal advice - but she should be fine to participate. The term “employment” generally refers to a relationship where an individual provides services or labor, and is remunerated for these services. Remuneration can be include housing, clothing, food or other benefits. Accepting any kind of remuneration for service can result in a violation of visa status if done without work authorization. I do not believe participating in a race constitutes providing labor or service. 

 

The definition of employment for immigration purposes is in the federal regulations at 8 CFR 274a.1(h) . Please read more on this for more clarification.

 

And wishing her good luck on the race